NAVEEN SHARMA Vs. STATE OF H.P.
HIGH COURT OF HIMACHAL PRADESH
STATE OF H.P.
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TARLOK SINGH CHAUHAN,J. -
(1.)The instant writ petition has been filed by the petitioner for the grant of following substantive relief:
i) That writ of mandamus may kindly be issued, directing the respondents to transfer the petitioner from his present place of posting i.e. Government High School, Jarkot, Teh si I Chirgaon, District Shimla, H.P. (i.e. hard/sub-cadre area) to one of the stations of his choice as mentioned in para-5 supra as per the provisions of Clause 16.1 of the Transfer Policy within a time bound period."
(2.)This writ petition came up for consideration before this Court on 15.12.2020 and on that day, the State was directed to file reply/obtain instructions within one week and the matter was ordered to be listed on 22.12.2020.
(3.)On 22.12.2020, learned Advocate General placed on record instructions received from the department dated 21.12.2020, which read as under:
".....In this regard, it is submitted that the petitioner is working in GHS, Jarkot (Tribal Area) w.e.f 01.05.2017 and has completed three years service in the present place of posting. And as per transfer policy a TGT can be transferred from Sub-cadre/Tribal area to soft area without substitute only after the completion of 4 years of service and with substitute after 3 years. At present there is no substitute available with the department and the same will be provided on priority basis at the time of new recruitment."
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